Wisconsin Administrative Code
Department of Natural Resources
NR 500-599 - Environmental Protection - Solid Waste Management
Chapter NR 520 - Solid Waste Management Fees And Financial Responsibility Requirements
Section NR 520.05 - Financial responsibility for closure, long-term care and remedial actions
Current through August 26, 2024
(1) OWNER'S RESPONSIBILITY. The owner of any landfill is responsible for its closure, for any remedial actions required by the department, and for its perpetual long-term care. Owners of landfills or other solid waste facilities shall provide proof of financial responsibility as determined by Table 1 and the remainder of this chapter. Those facilities required to provide proof of financial responsibility shall submit the proof as part of their operating license and annually thereafter for the period of active facility life, or longer where required, to ensure compliance with closure, long-term care or remedial actions.
Table 1 Proof of Owner Financial Responsibility
|
Facility Type |
Closure Proof |
Minimum LTC Proof Period |
Subject to Remedial Action Proof |
|
1. Approved Land Disposal Facilities |
|||
|
a. Last Plan of Operation approved before 8/8/89 and permanently ceased accepting waste before 8/15/91. |
Yes |
20 or 30 years based on original choice of owner |
No |
|
b. Last Plan of Operation approved before 8/8/89 and accepted waste on or after 8/15/91. |
Yes |
40 years |
Yes, if a MSW Landfill accepting waste after July 1, 1996. |
|
c. Last Plan of Operation approved on or after 8/8/89. |
Yes |
40 years |
Yes, if a MSW Landfill accepting waste after July 1, 1996. |
|
2. Non-Approved Land Disposal Facilities |
|||
|
a. Not a MSW Landfill or a MSW landfill which did not accept waste after October 8, 1993. |
No |
No LTC proof required |
No |
|
b. MSW Landfill which accepted waste after October 8, 1993 but permanently stopped prior to July 1, 1996 |
Yes |
40 years |
No |
|
c. MSW Landfill which accepted waste after July 1, 1996. |
Yes |
40 years |
Yes |
|
3. Demolition Waste Landfills Regulated under Ch. NR 503 |
|||
|
a. Small |
If required in Department Plan Approval. |
If required in Department Plan Approval. |
No |
|
b. Intermediate |
Yes |
40 years |
No |
|
4. Transfer, Storage, Processing, Incinerator, and Combustor Facilities |
If required in Department Plan Approval. |
If required in Department Plan Approval. |
No |
(2) SUCCESSORS IN INTEREST. Any person acquiring rights of ownership, possession or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner shall maintain proof of financial responsibility until the person acquiring ownership, possession or operation of the facility obtains department approval of proof of financial responsibility.
